Ram Ashish and Others vs State of U.P.Others

S. R. Singh, J.—The question that crops up for consideration by the Court here in these writ petitions is : whether holders of certificates of physical Education (in short C. P. Ed.) are qualified and eligible for appointment to the posts of Assistant Master and Assistant Mistress of Junior Basic Schools recruitment to which is governed by the U. P. Basic Education (Teachers) Services Rules, 1981, in short ''Rules'' and their exclusion from the field of eligibility/consideration is sustainable in law ?

Having heard counsel for the parties and having given my anxious consideration to the question, I am of the considered view that the candidates possessing mere C. P. Ed. training qualification without any of the training qualifications specifically mentioned in Rule 8(1) are not qualified for appointment to the post of Assistant Master and Assistant Mistress of Junior Basic Schools and exclusion of such candidates from the field of consideration is legally sustainable for the reasons disclosed hereinafter.

According to Rule 8 (1) of the Rules, the essential qualifications for appointment to the posts of Assistant Master and/or Mistress of Junior Basic School are as below : "Intermediate examination of the Board of High School and Intermediate Education, Uttar Pradesh or any other qualification recognised by the State Government as equivalant thereto together with the training qualification consisting of a Basic Teacher''s Certificate, Hindustani Teacher''s Certificate, Junior Teacher''s Certificate, Certificate of Teaching or any other training course recognised by the State Government as equivelant thereto.

Provided that the essential qualification for candidate who has passed required training course shall be the same which was prescribed for admission to the said training course.

It would be evident from Rule 8(1) of the Rules that E. P. Ed. training qualification is not one of the essential training qualifications expressly mentioned in Rules 8 (1) of the Rules which a candidate for the post in question must posses besides the qualification of having passed the Intermediate Examination of the U. P. Board of High School and Intermediate Education or any other examination equivalent thereto. The Counsel appearing for the petitioners, however, urged that candidates who have passed E. P. Ed. Training examination are qualified for appointment on the post of Assistant Master and Assistant Mistress of Junior Basis Schools as per circular dated 111993 issued by the Director of Education (Basic) and Adhyaksh Uttar Pradesh Basic Shiksha Parishad, Allahabad pursuant to a decision taken by the Board of Basic Education, Uttar Pradesh, Allahabad in their meeting held on 1761992. The circular dated 111993 reads below :

The petitioners also placed reliance on letter dated 1341993 whereby the Secretary Basic Shiksha, Parish ad, Uttar Pradesh, Allahabad directed the District Basic Education Officers, Uttar Pradesh to treat candidates who have passed C. P. Ed. Examination at par with candidates who have B. T. C. training qualifications to their credits. The relevant portion of the letter dated 1341993 read as below :

The copy of the aforesaid letter dated 13494 was forwarded for information to Additional Director of Education (Basic) Head Quarter, Allahabad. The Regional Assistant Director of Education (Basic), Uttar Pradesh. The Registrar, Departmental Examination, Uttar Pradesh and others. The circular dated 111993 and the letter dated 1341993 were, however, kept under suspended animation and action thereon was deferred by the Board vide letter dated 1141994 (Annexure5) and subsequently cancelled vide letter dated 28111994 pursuant to a decision taken by the Board of Basic Education, Uttar Pradesh in their meeting held on 12101994. The letter dated 28111994 reads as below :

Certificate of physical education is awarded to candidates who are successful in C. P. Ed. Examination, Holders of certificate of physical education are no doubt qualified for appointment as assistant teachers for physical training called as P. T. Teachers but whether or not they are suitable for appointment to teach general subjects to students in Junior Basic Schools is a question which can be determined by the State Government with the aid of expert opinion inasmuch as recognition of E. P. Ed. training qualification as equivalent to any of the training qualifications expressly mentioned in Rule 8(1) is for the State Government to accord. The Board of Basic Education U. P. have no jurisdiction to relax the essential qualifications mentioned in Rule 8(1) nor have they the power to recognizse any training certificate as equivalent to those mentioned in Rule 8(1) of the Rules. Its circular dated 111993 and letter dated 1341993 issued by its Secretary were unauthorised in law, in view of Rule 8(1) according to which the power of recognition of any training course as equivalent to the training course consisting of B.T.C. H.T.C., J.T.C. and C. T. vests in the State Government. The Board had no jurisdiction to say that C. P. Ed training course be treated as equivalent to C. T. training course and its circular dated 111993 was, therefore, wholly without jurisdiction, and so was the letter dated 1341993 issued by the Secretary of the Board and the Board rightly realised their mistake and withdrew the circular dated 111993 and the letter dated 1341993 vide letter dated 1141994 and later on specifically cancelled the same vide decision taken by them in their meeting held on 12101994 pursuant to which a circular dated 28111994 has been issued by the Secretary Basic Shiksha Parishad, Uttar Pradesh, Allahabad a copy of which was produced by Sri K.S. Shukla, during the course of argument.

The initial advertisement vide letter Misc. 1815229394 dated 3111993 issued by the Assistant Director of Education (Basic) for Gorakhpur Region expressly invited applications from B.T.C. trained unemployed candidates only. Subsequent corrigendum dated 24111993 issued by the Assistant Director of Education (Basis) VII Region, Gorakhpur inviting applications from candidates who have passed C. P. Ed. examination conducted by Registrar Departmental Examination, Uttar Pradesh, Allahabad and candidates holding Vyayam Vishardard Certificates issued by Laxmi Vyayaot Mandir, Jhansi was wholly unauthorised and the impugned circular dated 1141994 issued by the Secretary pursuant to the decision of the Board cancelling the circular dated 111993 and letter dated 1341993 suffers from no infirmity. Petitioners acquired no right to apply for the post merely on the basis of corrigendum issued by Assistant Director of Education inviting application from candidates possessing certificates of physical education as aforesaid. It seems from letter dated 1141994 that the matter has been referred to State Government for change in the course and curriculum of C.P.Ed, and other training qualifications so as to suit the needs of Junior Basic Schools and the State Government have not taken any decision as yet. It is also evident from the letter dated 741994 issued on 1141994 by the Secretary Board Basic Education, Uttar Pradesh, Allahabad that there are no sanctioned posts of Vyayam Shikshak (P. T. Teachers) in Parishadiya Schools. That being the position the petitioners have no right to claim entitlement for consideration for the purposes of appointment to the post of Assistant Master and/or Assistant Mistress in Junior Basic Schools.

It may be pertinent to observe here that under Rule 8 the Board have no power to relax essential qualifications except to the extent of "giving relaxation in the period of experience" for promotion to the post of Head Master and Head Mistress as comprehended by the proviso to Rule 8(3) of the Rules. No relaxation was permissible in respect of direct recruitment. The circular dated 111993 and the letter dated 1341993 were wholly without jurisdiction being ultra vires the power of the Board under the Act and Rules. The exclusion of the holders of certificate of physical education from the field of consideration for appointment to the post of Assistant Master/Assistant Mistress for Junior Basis Schools run and controlled by the Basic Shikha Parisbad, Uttar Pradesh does not result in violation of any legal and/or Constitutional right. The fact that holders of certificates of physical education are appointed as Assistant Teachers in secondary schools and colleges, if they are possessed of other requisite qualifications, is no ground to hold that they are eligible and qualified for appointment on the post of Assistant Master and Assistant Mistress in junior Basic Schools recruitment to which is governed by statutory rule. These petitions are thus devoid of merits.

Accordingly the petitions fail and are dismissed in limine.

Petitions dismissed.